IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 37337 of 2008(T)
1. MADHUKUTTAN
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.C.K.SAJEEV
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :18/12/2008
O R D E R
R. BASANT, J.
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W.P.(c) No. 37337 of 2008-T
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Dated this the 18th day of December, 2008
JUDGMENT
The petitioner faces allegations in a crime registered
alleging offences punishable, inter alia, under Sec.380 IPC.
Crime has been registered. Investigation is in progress. The
petitioner had come to this Court for anticipatory bail and the
bail Bench of this Court by order dated 4/9/08 in
B.A.No.5375/08 has dismissed the application for anticipatory
bail.
2. The petitioner has again come to this Court with this
petition under Art.226 of the Constitution. What is his
grievance? The learned counsel for the petitioner submits
that no proper investigation is being conducted. According to
him, the Investigating Officer, who is in a position to seize
the stolen gold ornaments which are allegedly available in a
jewellery shop as indicated from the order passed in the
W.P.(c) No. 37337 of 2008-T
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anticipatory bail application has not been effected the seizure.
3. After the decision in Sakiri Vasu v. State of U.P.
(2008 (1) KLT 724 (SC)) which is followed by this Court in
Vasanthi Devi v. S.I. of Police (2008 (1) KLT 945), it is trite
that a person who is dissatisfied about the quality of the
investigation conducted must seek to invoke the jurisdiction of
the Magistrate under Sec.156(3) Cr.P.C. Such persons cannot
rush to this Court with petitions under Sec.482 Cr.P.C. or
Art.226 of the Constitution. The equally efficacious alternative
remedy available under Sec.156(3) Cr.P.C. has to be exhausted
before such persons come to this Court with a prayer for
invocation of the extraordinary inherent or constitutional
jurisdiction.
4. In this view of the matter, I am not persuaded to agree
that any directions deserve to be issued under Art.226 of the
Constitution in this petition. This writ petition is accordingly
dismissed. But I may hasten to observe that the dismissal of this
writ petition will not in any way fetter the right of the petitioner
to move the learned Magistrate for appropriate directions under
Sec.156(3) Cr.P.C.
(R. BASANT, JUDGE)
Nan/
W.P.(c) No. 37337 of 2008-T
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